Monday, May 14, 2012

House Hijacker


Scumbag Couch-Surfing In Your Crib And He Isn't Leaving Any Time Soon
Below is a trespassing notice that I have used on a few occasions.  I have been fortunate that when I used it they left as demanded. However I'm not sure if the city is enforcing this law. See Below where the specific Virginia laws are quoted. It seems to me that I always hear from the police trespassers are a civil matter but it doesn't look that way when I read the law.














NOTICE OF TRESPASS

DATE & TIME OF INCIDENT: _______________

NOTICE

You, Johnny Trespasser, are hereby notified pursuant to
Virginia Code § 18.2-119 and 55-248.31:01 that you are hereby barred from entering in or upon the premises or cartilage of the property of the address:
1234 Bad Tenant Ave. SE, Roanoke, VA 24013
 Further, you are hereby notified that if you are found entered upon the above
 Premises after the date of ___________, your presence shall be deemed a trespass upon said property
 herein described and the owner, or duly authorized representative shall take every measure
 permitted by law to prevent such trespass, which shall include arrest by a police officer. 

Should you enter or cross my property, I will notify the Police Department and seek a criminal
 complaint against you in the General District Court for trespassing and or apply directly with
 the magistrate for a warrant for trespass.
 I, Johnny Trespasser, 
Of (address) __NA_______________________________________________________ 
(city) _Roanoke_____________ (state) _VA________ (zip code) _________________  

I have fully read and understand the significance of the above notice of trespass and voluntarily 
affix my signature. 
__________________________________       ______________________
(signature)                                                            (date)
_____________________________________         _________________________
(signature of property owner / agent)                        (date)
***REASON:
Lease Agreement States:
b. NO ASSIGNMENT OR SUBLEASE: TENANT cannot sublease or assign this lease to any one else for
 any reason or allow anyone not approved in writing by LANDLORD to occupy the premises.
d. NO OTHER RESIDENTS ALLOWED; GUESTS LIMITED: TENANT will not allow any other individuals
 except those listed in this lease to reside in the unit. TENANT may have temporary overnight visitors provided:

1) any such visitors do not stay overnight more than fourteen days total in any three month period and 
2) there are not more than two overnight visitors at any one time.

I hereby certify that I served this Notice upon the named trespasser by:
________Delivering a copy of it personally to the trespasser.
________By phone or verbally.
________Service by certified mail with return receipt requested.


Virginia Law
 
Virginia Code § 18.2-119 defines the crime of trespassing as follows:
If any person without authority of law goes upon or remains upon the lands, buildings or premises of another, or any portion or area thereof, after having been forbidden to do so, either orally or in writing, by the owner, lessee, custodian or other person lawfully in charge thereof, or after having been forbidden to do so by a sign or signs posted by such persons or by the holder of any easement or other right-of-way authorized by the instrument creating such interest to post such signs on such lands, structures, premises or portion or area thereof at a place or places where it or they may be reasonably seen, or if any person, whether he is the owner, tenant or otherwise entitled to the use of such land, building or premises, goes upon, or remains upon such land, building or premises after having been prohibited from doing so by a court of competent jurisdiction by an order issued pursuant to §§ 16.1-253, 16.1-253.1, 16.1-253.4, 16.1-278.2 through 16.1-278.6, 16.1-278.8, 16.1-278.14, 16.1-278.15, 16.1-279.1, 19.2-152.8, 19.2-152.9 or § 19.2-152.10 or an ex parte order issued pursuant to § 20-103, and after having been served with such order, he shall be guilty of a Class 1 misdemeanor. This section shall not be construed to affect in any way the provisions of §§ 18.2-132 through 18.2-136.


55-248.31:01. Barring guest or invitee of tenants. A. A guest or invitee of a tenant may be barred from the premises by the landlord upon written notice served personally upon the guest or invitee of the tenant for conduct on the landlord's property where the premises are located which violates the terms and conditions of the rental agreement, a local ordinance, or a state or federal law. A copy of the notice must be served upon the tenant in accordance with this chapter. The notice shall describe the conduct of the guest or invitee which is the basis for the landlord's action.
B. In addition to the remedies against the tenant authorized by this chapter, a landlord may apply to the magistrate for a warrant for trespass, provided the guest or invitee has been served in accordance with subsection A.
C. The tenant may file a tenant's assertion, in accordance with  55-248.27, requesting that the general district court review the landlord's action to bar the guest or invitee.

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